The European Commission for the Efficiency of Justice (CEPEJ) - Reforming European Justice Systems - "Mission Impossible?"

Abstract

My paper concerns the Council of Europe’s (CoE) work to improve justice in Europe. It explains and exemplifies a type of policy that the Council applies in its strive for implementing the demands of the European Human Rights Convention (ECHR) on the judicial systems in Europe. The Convention obliges all member states to put up efficient systems for remedying violations within their own national legal systems. If such systems are missing or do not provide sufficient redress, member states now accept that everyone is free to bring their case before the European Court of Human Rights (ECtHR). Over the years the Court has produced extensive case law on violations of the provisions that protect people’s access to justice that develops and concretizes the general wordings used in the text of the ECHR. However, international complaint mechanisms are only one type of instrument for disseminating human rights. In addition to judicial instruments like the ECtHR, CoE also uses policy vehicles for implementation of human rights like the one I will focus upon; namely the European Commission for the Efficiency of Justice – usually abbreviated "CEPEJ" – from the French version of its name. As one of several committees of CoE, it focuses on the development of the judicial systems of the member states.